West Virginia Code of State Rules
Agency 126 - Education
Title 126 - PROCEDURAL RULE BOARD OF EDUCATION
Series 126-094 - Procedures for the Collection, Maintenance, and Disclosure of Student Data (4350)
Section 126-94-11 - Limitations on Right to Inspect and Review Education Records
Universal Citation: 126 WV Code of State Rules 126-94-11
Current through Register Vol. XLI, No. 38, September 20, 2024
11.1. If the education records of a student contain information on more than one student, the parent of the student or the eligible student may inspect and review or be informed of only the specific information about that student.
11.2. A post-secondary institution does not have to permit a student to inspect and review education records that are:
11.2.a. financial records, including any
information those records contain, of the student's parents;
11.2.b. confidential letters and confidential
statements of recommendation placed in the education records of the student
before January 1, 1975, as long as the statements are used only for the
purposes for which they were specifically intended; and
11.2.c. confidential letters and confidential
statements of recommendation placed in the student's education records after
January 1, 1975, if the student has waived their right to inspect and review
these letters and statements and the letters and statements are related to the
student's admission to an educational institution, application for employment,
or receipt of an honor or honorary recognition. Provided that a waiver is valid
only if:
11.2.c.1. the educational agency or
institution does not require the waiver as a condition for admission to or
receipt of a service or benefit from the agency or institution; and
11.2.c.2. the waiver is made in writing and
signed by the student, regardless of age.
11.2.d. If a student has waived their rights
under this section, the educational institution shall:
11.2.d.1. give the student, on request, the
names of the individuals who provided the letters and statements of
recommendation; and
11.2.d.2. use
the letters and statements of recommendation only for the purpose for which
they were intended.
11.2.e. A waiver under this section may be
revoked in writing with respect to any actions occurring after the
revocation.
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